判例法数据库

影响环境的犯罪

所涉物种

• Rare Birds (Gold Cheeked Gibbon, Eagle Owl, Saker Falcon, Brahminy Kites)

详情

• 无证件/无执照的行为
• 受《濒危物种贸易公约》保护的物种

R v Jungthirapanich

事实梗概

The appellant pleaded guilty to being knowingly concerned in the fraudulent evasion of the restriction on the importation of wild birds. The appellant was concerned in smuggling 23 wild birds from Thailand. The appellant and another man arranged for wild birds of prey to be exported from Thailand secreted in plastic tubes concealed in two suitcases. The appellant arrived at Heathrow airport with the two suitcases and was later arrested by Customs officers. Twenty-three wild birds of prey, six of which were dead, were found in the suitcases. The birds which survived had suffered asphyxia and hypothermia as the result of being transported in the hold of the aircraft. The birds were a protected spaces. Sentenced to 22 months' imprisonment.

The case presented a difficult sentencing problem as little guidance could be found in decisions of the Court in respect of the offence. The offence was a serious one which merited imprisonment, because it caused suffering to the birds, and it was carefully and deliberately planned.

Judgment:
The appellant's co-defendant was commercially motivated. It was said that the appellant's co-defendant had exercised a degree of influence over him and, for that reason and in view of the appellant's plea of guilty, the Court considered that the proper sentence was 15 months' imprisonment.

评注和重要特点

The co-defendant referred to in this case is the defendant in another case (R v Humphrey), also available on SHERLOC.

判决日期:
2002-10-08

交叉问题

责任

... 为了

• 既遂犯罪

... 根据

• 犯罪意图

... 作为涉及方

• 主犯
• 参与者、调解人、从犯

犯罪

详情

• 捲入到有组织犯罪集团 (第 2 条(a) CTOC)
• 發生跨一個(或多個)國際邊界(跨國)

所涉国家

大不列颠及北爱尔兰联合王国

泰国

程序步骤

法律制度:
习惯法
最新的法院:
上诉法院
诉讼类型:
刑事的
 
诉讼 #1:
  • 阶段:
    初审
  • 法院

    • 刑事的

    结果

  • 陪审团裁决:
    有罪
  • 刑事判决

    刑事判决

    监禁期:
    1 岁 10 月份
     
  • 上诉裁决:
    是的
  • 诉讼 #2:
  • 阶段:
    上诉
  • 法院

    • 刑事的

    说明

    Prison sentence reduced from 22 months to 15 months.

     

    刑事判决

    刑事判决

    监禁期:
    1 岁 3 月份
     

    被告/ 初审被申请人

    被告:
    Peora Jungthirapanich

    指控/索赔/裁决

    被告:
    Peora Jungthirapanich
    指控详情:

    The appellant pleaded guilty to being knowingly concerned in the fraudulent evasion of the restriction on the importation of wild birds.

    法院

    Court of Appeal

    附件